Current location - Trademark Inquiry Complete Network - Trademark inquiry - How to deal with an online store being sued for trademark infringement?
How to deal with an online store being sued for trademark infringement?

It is recommended that products suspected of infringing trademark rights and related advertisements be removed first. Secondly, find a lawyer to verify whether the trademark rights have actually been infringed, then contact the other party, understand the other party's requirements, and negotiate to obtain the other party's understanding. If a Taobao store is determined to have infringed trademark rights, it must first compensate the infringed party. If the sales amount is huge and reaches the legal standard, it may be suspected of a crime and will be held criminally responsible and may be sentenced to fixed-term imprisonment or fines. Waiting for punishment. If you infringe on someone else's trademark rights, you should correct the infringement and the content of the infringement. You should not engage in infringement. When you realize the infringement, your first reaction is to stop the infringement.

1. How to deal with trademark infringement:

1. Complain or report to the industrial and commercial administration authority at or above the county level where the infringer is located or where the infringement occurred.

2. The infringed party can also directly file a lawsuit in the People's Court. If he is dissatisfied with the handling of the industrial and commercial administrative organs, he can also file a lawsuit in the People's Court.

The acceptance principles are different.

3. In order to protect the interests of consumers, prevent unfair competition, and maintain normal social economic order, the industrial and commercial administrative agencies must "actively investigate and deal with" trademark infringements even if no one accuses or reports them. The People's Court implements the principle of "no complaint, no response". The People's Court will not handle trademark infringement cases without being sued by the infringer.

2. How to report counterfeiting:

1. The brand owner can lodge a complaint with the industrial and commercial administration department. After obtaining the evidence, the brand owner can go to the industrial and commercial bureau of the district or county or the nearest industrial and commercial bureau to report the infringing party, and request the industrial and commercial department to investigate and deal with it. After it is confirmed that the other party has sold fakes, the industrial and commercial bureau will impose severe penalties on it.

2. Brands can make complaints through the website. For example, e-commerce platforms, such as Taobao, are intellectual property protection platforms, and there is also the 12315 online platform, which is equivalent to an online form of industrial and commercial reporting and can also play a role in rights protection.

3. The brand can entrust others to make complaints. Since there are many blind spots in their own rights protection, brands are increasingly turning to third-party platforms to protect their rights. Professional third-party platforms can carry out targeted counterfeiting and rights protection, helping brands save various costs.

Legal basis:

Article 63 of the "Trademark Law of the People's Republic of China" for infringement of the exclusive right to use a trademark shall be based on the amount of compensation suffered by the right holder due to the infringement. The actual loss is determined; if the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.